D. N. c. Ministre de l’Emploi et du Développement social

D. N. c. Ministre de l’Emploi et du Développement social

On the balance of probabilities the applicant did not prove that by December 31, 2017 she was regularly incapable of engaging in substantially gainful employment or that any impairment was prolonged; tribunal relied on treating clinicians, documented functional improvements, conservative management, vocational...

Source-derived case information.

Citation
2019 TSS 1699
Parties
Applicant/appellant: D. N.; Respondent: Ministre de l’Emploi et du Développement social (Minister of Employment and Social Development)
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
27 August 2019
Procedural Posture
Canada Pension Plan Disability Appeal / Social Security Tribunal, General Division Decision on Appeal
Outcome
Appeal dismissed
Legal Topics
Canada Pension Plan, Disability Pension Eligibility, Medical Evidence Evaluation, Vocational Assessment
Source Language
fr
Social Security Disability Law Administrative Law Rehabilitation and Employability Canada Pension Plan Disability Pension Eligibility Medical Evidence Evaluation Vocational Assessment

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Legal principles 3 Authorities cited 2 Party arguments 2 Amounts and remedies 6
Sign in to unlock

Parties

D. N.

Applicant/appellant

Ministre de l’Emploi et du Développement social (Minister of Employment and Social Development)

Respondent

Procedural Posture

Canada Pension Plan Disability Appeal / Social Security Tribunal, General Division Decision on Appeal

  1. 1 Whether applicant had a severe disability as of December 31, 2017 (regularly incapable of engaging in substantially gainful occupation)
  2. 2 Whether that disability was prolonged as of December 31, 2017 (likely to last long, continuous and indefinite)
  3. 3 Whether medical and vocational evidence supported entitlement to CPP disability pension

Ratio Decidendi

On the balance of probabilities the applicant did not prove that by December 31, 2017 she was regularly incapable of engaging in substantially gainful employment or that any impairment was prolonged; tribunal relied on treating clinicians, documented functional improvements, conservative management, vocational assessment and the non‑substantive nature of volunteer work to conclude CPP criteria were not satisfied.

Court Disposition

Appeal dismissed